Investigating & Evaluating Habitability Claims

Introduction

Habitability claims appear to becoming more and more common. Habitability is an implied warranty or contract, meaning it does not have to be an express contract, covenant, or provision of a contract. It is a common law right of a tenant or legal doctrine. And although there is no concise, statutory definition of the term, there are LOTS of regulations mandating the minimum performance requirements of residential property being rented by owners to tenants.